CHAPTER VI.
IN REBUTTAL.
The utter and complete astonishment created by Gabriel's reply was sogenerally diffused that the equal participation of Gabriel's own counselin this surprise was unobserved. Maxwell would have risen againhurriedly, but Arthur laid his hand on his shoulder.
"The man his gone clean mad!--this is suicide," whispered Maxwell,excitedly. "We must get him off the stand. You must explain!"
"Hush!" said Arthur, quietly. "Not a word! Show any surprise and we'relost!"
In another instant all eyes were fixed upon Arthur, who had remainedstanding, outwardly calm. There was but one idea dominant in theaudience. What revelation would the next question bring? The silencebecame almost painful as Arthur quietly and self-containedly glancedaround the Court-room and at the jury, as if coolly measuring the effectof a carefully-planned dramatic sensation. Then, when every neck wasbent forward and every ear alert, Arthur turned nonchalantly yetgracefully to the bench.
"We have no further questions to ask, your Honour," he said, quietly,and sat down.
The effect of this simple, natural, and perfectly consistent action wastremendous! In the various triumphs of Arthur's successful career, hefelt that he had never achieved as universal and instantaneouspopularity. Gabriel was forgotten; the man who had worked up thissensation--a sensation whose darkly mysterious bearing upon the case noone could fathom, or even fared to fathom, but a sensation that each manconfidently believed held the whole secret of the crime--this man wasthe hero! Had it been suggested, the jury would have instantly given averdict for this hero's client without leaving their seats. The bettingwas two to one on Arthur. I beg to observe that I am writing of men,impulsive, natural, and unfettered in expression and action by anytradition of logic or artificial law--a class of beings much idealisedby poets, and occasionally, I believe, exalted by latter-dayphilosophers.
Judge Boompointer looked at Colonel Starbottle. That gentleman,completely stunned and mystified by the conduct of the defence, fumbledhis papers, coughed, expanded his chest, rose, and began thecross-examination.
"You have said your name was--er--er--Johnny--er--er--(the Colonel washere obliged to consult his papers)--er--John Dumbledee. What was youridea, Mr. Dumbledee, in--er--assuming the name of--er--er--GabrielConroy?"
Objected to by counsel for defence. Argument:--Firstly, motives, likebeliefs, not admissible; case cited, Higginbottom _v._ Smithers.Secondly, not called out on Direct Ex.; see Swinke _v._ Swanke, opinionof Muggins, J., 2 Cal. Rep. Thirdly, witness not obliged to answerquestions tending to self-crimination. Objection overruled by the Court.Precedent not cited; real motive, Curiosity. Boompointer, J. Questionrepeated:--
"What was your idea or motive in assuming the name of Gabriel Conroy?"
Gabriel (cunningly, and leaning confidentially over the arm of hischair): "Wot would be _your_ idee of a motif?"
The witness, amidst much laughter, was here severely instructed by theCourt that the asking of questions was not the function of a witness.The witness must answer.
Gabriel: "Well, Gabriel Conroy was a purty name--the name of a man ez Ionst knew ez died in Starvation Camp. It kinder came easy, ez a sort o'interduckshun, don't ye see, Jedge, toe his sister Grace, ez was mywife. I kinder reckon, between you and me, ez thet name sorter helpedthe courtin' along--she bein' a shy critter, outer her own fammerly."
Question: "In your early acquaintance with the deceased, were you notknown to him as Gabriel Conroy always, and not as--er--er--JohnnyDumbledee?"
Arthur Poinsett here begged to call the attention of the Court to thefact that it had not yet been shown that Gabriel--that is JohnnyDumbledee--has ever had any _early_ acquaintance with the deceased. TheCourt would not fail to observe that counsel on the direct examinationhad restricted themselves to a simple question--the name of theprisoner.
Objection sustained by Judge Boompointer, who was beginning to beanxious to get at the facts. Whereat Colonel Starbottle excepted, had nomore questions to ask, and Gabriel was commanded to stand aside.
Betting now five to one on Arthur Poinsett; Gabriel's hand, on leavingthe witness box, shaken cordially by a number of hitherto disinterestedpeople. Hurried consultation between defendant's counsel. A note handedto Colonel Starbottle. Intense curiosity manifested by Manuela and Salregarding a closely veiled female, who enters a moment later, and isconducted with an excess of courtesy to a seat by the gallant Colonel.General impatience of audience and jury.
The defence resumed. Michael O'Flaherty called; nativity, County Kerry,Ireland. Business, miner. On the night of the murder, while going homefrom work, met deceased on Conroy's Hill, dodging in among the trees,for all the wurreld like a thafe. A few minutes later overtook GabrielConroy half a mile farther on, on the same road, going in same directionas witness, and walked with him to Lawyer Maxwell's office. Crossexamined: Is naturalised. Always voted the Dimmycratic ticket. Wasalways opposed to the Government--bad cess to it--in the ould counthry,and isn't thet mane to go back on his principles here. Doesn't know thata Chinaman has affirmed to the same fact of Gabriel's _alibi_. Doesn'tknow what an _alibi_ is; thinks he would if he saw it. Believes aChinaman is worse nor a nigger. Has noticed that Gabriel wasleft-handed.
Amadee Michet, sworn for defence; nativity, France. Business, foreman of_La Parfait Union_. Frequently walks to himself in the beautiful groveon Conroy's Hill. Comes to him on the night of the 15th, Gabriel Conroydeparting from his house. It is then seven hours, possibly more, notless. The night is fine. This Gabriel salutes him in the Americanfashion, and is gone. Eastward. Ever to the east. Watches M. Conroybecause he wears a _triste_ look, as if there were great sadness _here_(in the breast of the witness' blouse). Sees him vanish in the gulch.Returns to the hill and there overhears voices, a man's and a woman's.The woman's voice is that of Madame Conroy. The man's voice is to himstrange and not familiar. Will swear positively it was not Gabriel's.Remains on the hill about an hour. Did not see Gabriel again. Saw a manand woman leave the hill and pass by the Wingdam road as he was goinghome. To the best of his belief the woman was Mrs. Conroy. Do not knowthe man. Is positive it was not Gabriel Conroy. Why? Eh! Mon Dieu, is itpossible that one should mistake a giant?
Cross examined. Is a patriot--do not know what is this Democrat youcall. Is a hater of aristocrats. Do not know if the deceased was anaristocrat. Was not enraged with Madame Conroy. Never made love to her.Was not jilted by her. This is all what you call too theen, eh? Hasnoticed that the prisoner was left-handed.
Helling Dittmann; nativity, Germany. Does not know the deceased; doesknow Gabriel. Met him the night of the 15th on the road from Wingdam;thinks it was after eight o'clock. He was talking to a Chinaman.
Cross examined. Has not been told that these are the facts stated by theChinaman. Believes a Chinaman as good as any other man. Don't know whatyou mean. How comes dese dings? Has noticed the prisoner used his lefthand efery dime.
Dr. Pressnitz recalled. Viewed the body at nine o'clock on the 16th. Theblood-stains on the linen and the body had been slightly obliterated anddiluted with water, as if they had been subjected to a wateryapplication. There was an unusually heavy dew at seven o'clock thatevening, not later. Has kept a meteorological record for the last threeyears. Is of the opinion that this saturation might be caused by dewfalling on a clot of coagulated blood. The same effect would not benoticeable on a freshly bleeding wound. The hygrometer showed noindication of a later fall of dew. The night was windy and boisterousafter eight o'clock, with no humidity. Is of the opinion that the body,as seen by him, first assumed its position before eight o'clock. Wouldnot swear positively that the deceased expired before that time. Wouldswear positively that the wounds were not received after eight o'clock.From the position of the wound, should say it was received while thedeceased was in an upright position, and the arm raised as if instruggling. From the course of the wound should say it could not havebeen dealt from the left hand of an opponent. On the cross examination,Dr. Pressnitz admitted t
hat many so-called "left-handed men" were reallyambidexterous. Was of the opinion that perspiration would _not_ havecaused the saturation of the dead man's linen. The saturation wasevidently after death--the blood had clotted. Dr. Pressnitz was quitecertain that a dead man did not perspire.
The defence rested amid a profound sensation. Colonel Starbottle, whohad recovered his jaunty spirits, apparently influenced by his animatedand gallant conversation with the veiled female, rose upon his shortstubby feet, and withdrawing his handkerchief from his breast, laid itupon the table before him. Then carefully placing the ends of two whitepudgy fingers upon it, Colonel Starbottle gracefully threw his wholeweight upon their tips, and leaning elegantly toward the veiled figure,called "Grace Conroy."
The figure arose, slight, graceful, elegant; hesitated a moment, andthen slipped a lissom shadow through the crowd, as a trout glidesthrough a shallow, and before the swaying, moving mass had settled toastonished rest, stood upon the witness-stand. Then with a quickdexterous movement she put aside the veil, that after the Spanishfashion was both bonnet and veil, and revealed a face so exquisitelybeautiful and gracious, that even Manuela and Sal were awed intospeechless admiration. She took the oath with downcast lids, whosesweeping fringes were so perfect that this very act of modesty seemed tothe two female critics as the most artistic coquetry, and then raisedher dark eyes and fixed them upon Gabriel.
Colonel Starbottle waved his hand with infinite gallantry.
"What is--er--your name?"
"Grace Conroy."
"Have you a brother by the name of Gabriel Conroy?"
"I have."
"Look around the Court and see if you can recognise him."
The witness with her eyes still fixed on Gabriel pointed him out withher gloved finger. "I do. He is there!"
"The prisoner at the bar?"
"Yes."
"He is Gabriel Conroy?"
"He is."
"How long is it since you have seen him?"
"Six years."
"Where did you see him last, and under what circumstances?"
"At Starvation Camp, in the Sierras. I left there to get help for himand my sister."
"And you have never seen him since?"
"Never!"
"Are you aware that among the--er--er--unfortunates who perished, a bodythat was alleged to be yours was identified?"
"Yes."
"Can you explain that circumstance?"
"Yes. When I left I wore a suit of boy's clothes. I left my own garmentsfor Mrs. Peter Dumphy, one of our party. It was her body, clothed in mygarments, that was identified as myself."
"Have you any proof of that fact other than your statement?"
"Yes. Mr. Peter Dumphy, the husband of Mrs. Dumphy, my brother GabrielConroy, and"----
"May it please the Court" (the voice was Arthur Poinsett's, cool,quiet, and languidly patient), "may it please the Court, we of thedefence--to save your Honour and the jury some time and trouble--arewilling to admit this identification of our client as Gabriel Conroy,and the witness, without further corroboration than her own word, as hissister. Your Honour and the gentlemen of the jury will not fail torecognise in the evidence of our client as to his own name and origin, arash, foolish, and, on behalf of myself and my colleague, I must add,unadvised attempt to save the reputation of the wife he deeply lovesfrom the equally unadvised and extraneous evidence brought forward bythe prosecution. But we must insist, your Honour, that all this isimpertinent to the real issue, the killing of Victor Ramirez by JohnDoe, _alias_ Gabriel Conroy. Admitting the facts just testified to bythe witness, Grace Conroy, we have no cross examination to make."
The fact of the witness, which had been pale and self-possessed, flushedsuddenly as she turned her eyes upon Arthur Poinsett. But thatself-contained scamp retained an unmoved countenance as, at JudgeBoompointer's unusually gracious instruction that the witness mightretire, Grace Conroy left the stand. To a question from the Court,Colonel Starbottle intimated that he should offer no further evidence inrebuttal.
"May it please the Court," said Arthur, quietly, "if we accept theimpeachment by a sister of a brother on trial for his life, withoutcomment or cross examination, it is because we are confident--legallyconfident--of showing the innocence of that brother by other means.Recognising the fact that this trial is not for the identification ofthe prisoner under any name or _alias_, but simply upon the issue of thefact whether he did or did not commit murder upon the body of VictorRamirez, as specified in the indictment, we now, waiving all otherissues, prepare to prove his innocence by a single witness. That thiswitness was not produced earlier, was unavoidable; that his testimonywas not outlined in the opening, was due to the fact that only withinthe last half-hour had he been within the reach of the mandate of thisCourt. He would call Henry Perkins!"
There was a slight stir among the spectators by the door as they madeway to a quaint figure that, clad in garments of a bygone fashion, witha pale, wrinkled, yellow face, and grey hair, from which the dye hadfaded, stepped upon the stand.
Is a translator of Spanish and searcher of deeds to the Land Commission.Is called an expert. Recognises the prisoner at the bar. Saw him onlyonce, two days before the murder, in passing over Conroy's Hill. He wassitting on the doorstep of a deserted cabin with a little girl by hisside. Saw the deceased twice. Once when he came to Don Pedro's house inSan Francisco to arrange for the forgery of a grant that shouldinvalidate one already held by the prisoner's wife. Saw the deceasedagain, after the forgery, on Conroy's Hill, engaged in conversation withthe prisoner's wife. Deceased appeared to be greatly excited, andsuddenly drew a knife and made an attack upon the prisoner's wife.Witness reached forward and interposed in defence of the woman, when thedeceased turned upon him in a paroxysm of insane rage, and a struggletook place between them for the possession of the knife, witness callingfor help. Witness did not succeed in wresting the knife from the handsof deceased; it required all his strength to keep himself from bodilyharm. In the midst of the struggle witness heard steps approaching, andagain called for help.
The witness' call was responded to by a voice in broken English,unintelligible to witness, apparently the voice of a Chinaman. At thesound of the voice and the approach of footsteps, the deceased brokefrom witness, and running backward a few steps, plunged the knife intohis own breast and fell. Witness ran to his side and again called forhelp. Deceased turned upon him with a ghastly smile and said, "Bring anyone here and I'll accuse you before them of my murder!" Deceased did notspeak again, but fell into a state of insensibility. Witness becamealarmed, reflecting upon the threat of the deceased, and did not go forhelp. While standing irresolutely by the body, Mrs. Conroy, theprisoner's wife, came upon him. Confessed to her the details justdescribed, and the threat of the deceased. She advised the instantflight of the witness, and offered to go with him herself. Witnessprocured a horse and buggy from a livery stable, and at half-past nineat night took Mrs. Conroy from the hillside near the road, where she waswaiting. Drove to Markleville that night, where he left her under anassumed name, and came alone to San Francisco and the Mission of SanAntonio. Here he learned from the last witness, the prisoner's sister,Grace Conroy, of the arrest of her brother for murder. Witness at oncereturned to One Horse Gulch, only to find the administration of justicein the hands of a Vigilance Committee. Feeling that his own life mightbe sacrificed without saving the prisoner's, he took refuge in a tunnelon Conroy's Hill. It chanced to be the same tunnel which Gabriel Conroyand his friend afterwards sought in escaping from the VigilanceCommittee after the earthquake. Witness, during the absence of Gabriel,made himself known to Mr. Jack Hamlin, Gabriel's friend and comrade inflight, and assured him of the witness's intention to come forwardwhenever a fair trial could be accorded to Gabriel. After the re-arrestand bailing of Gabriel, witness returned to San Francisco to procureevidence regarding the forged grant, and proofs of Ramirez's persecutionof Mrs. Conroy. Had brought with him the knife, and had found the cutlerwho sold it to deceased e
ight months before, when deceased firstmeditated an assault on Mrs. Conroy. Objected to, and objectionoverruled by a deeply interested and excited Court.
"That is all," said Arthur.
Colonel Starbottle, seated beside Grace Conroy, did not, for a moment,respond to the impatient eyes of the audience in the hush that followed.It was not until Grace Conroy whispered a few words in his ear, that thegallant Colonel lifted his dilated breast and self-complacent face abovethe level of the seated counsel.
"What--er--er--was the reason--why did the--er--er--deeply anxious wife,who fled with you, and thus precipitated the arrest of her husband--whydid not she return with you to clear him from suspicion? Why does sheremain absent?"
"She was taken ill--dangerously ill at Markleville. The excitement andfatigue of the journey had brought on premature confinement. A child wasborn"----
There was a sudden stir among the group beside the prisoner's chair.Colonel Starbottle, with a hurried glance at Grace Conroy, waved hishand toward the witness and sat down. Arthur Poinsett rose. "We ask amoment's delay, your Honour. The prisoner has fallen in a fit."